any sum of money is advanced by the United States, in consideration of any such contract or agreement, it shall forthwith be repaid; and in case of failure or refusal to repay the same when demanded by the proper officer of the department under whose authority such contract or agreement shall have been made or entered into, suit shall at once be brought against the person so failing or refusing and his sureties, for the recovery of the money so advanced.1 Sec. 114, id.

1248. Officer contracting with Member of Congress, etc. -Whoever, being an officer of the United States, shall on behalf of the United States, directly or indirectly make or enter into any contract, bargain, or agreement, in writing or otherwise, with any Member of or Delegate to Congress, or any Resident Commissioner, after his election or appointment as such Member, Delegate, or Resident Commissioner, and either before or after he has qualified, and during his continuance in office, shall be fined not more than three thousand dollars. Sec. 115, id.

1249. Same-Exception as to corporations. Nothing contained in the two preceding sections shall extend, or be construed to extend, to any contract or agreement made or entered into, or accepted, by any incorporated company, where such contract or agreement is made for the general benefit of such incorporation or company; nor to the purchase or sale of bills of exchange or other property by any Member of or Delegate to Congress, or Resident Commissioner, where the same are ready for delivery, and payment therefor is made, at the time of making or entering into the contract or agreement. Sec. 116, id.

1250. Agent of corporation, etc., acting as agent of the United States. No officer or agent of any corporation, joint stock company, or association, and no member or agent of any firm, or person directly or indirectly interested in the pecuniary profits or contracts of such corporation, joint stock company, association, or firm, shall be employed or shall act as an officer or agent of the United States for the transaction of business with such corporation, joint stock company,

This paragraph supersedes section 3739 of the Revised Statutes, which is repealed. Sections 3739 to 3742, Revised Statutes, made it illegal for an officer of the United States to contract for or purchase for the United States, any supplies from a Member or Delegate to Congress or from a firm or association other than an incorporated company of which such Member or Delegate was a member or in which he was pecuniarily interested. (See 2 Op. Atty. Gen., 40; 4 id., 47; U. S. v. Deitrich, 126 Fed. Rep., 671.) That section 3739, Revised Statutes, did not affect contracts made with persons who were simply elected Members of or Delegates to Congress, and had not actually become such by being sworn in. (See Op. of Atty. Gen., 15 Op., 280.) Sections 114 and 115 of the Criminal Code, which supersede sections 3739 and 3742, Revised Statutes, broadened the legislation so as to apply to Members of Congress from the time of their election and before qualification. These sections did not, however, forbid the acceptance of a Member of Congress or other person within their provisions as surety on the bond of a contractor. (18 Op. Atty. Gen., 287; Dig. Op. J. A. G. (1912), p. 353, Β.)

association, or firm. Whoever shall violate the provision of this section shall be fined not more than two thousand dollars and imprisoned not more than two years. Sec. 41, id., 1097.

1251. Bribery. - Whoever shall promise, offer, or give, or cause or procure to be promised, offered, or given, any money or other thing of value, or shall make or tender any contract, undertaking, obligation, gratuity, or security for the payment of money, or for the delivery or conveyance of anything of value, to any officer of the United States, or to any person acting for or on behalf of the United States in any official function, under or by authority of any department or office of the Government thereof, or to any officer or person acting for or on behalf of either House of Congress, or of any committee of either House, or both Houses thereof, with intent to influence his decision or action on any question, matter, cause, or proceeding which may at any time be pending, or which may by law be brought before him in his official capacity, or in his place of trust or profit, or with intent to influence him to commit or aid in committing, or to collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the United States, or to induce him to do or omit to do any act in violation of his lawful duty, shall be fined not more than three times the amount of money or value of the thing so offered, promised, given, made, or tendered, or caused or procured to be so offered, promised, given, made, or tendered, and imprisoned not more than three years.1 Sec. 39, id., 1096.

(This paragraph is the same as section 5451 of the Revised Statutes, which is repealed.)

1252. Extortion. -Every officer, clerk, agent, or employee of the United States, and every person representing himself to be or assuming to act as such officer, clerk, agent, or employee, who, under color of his office, clerkship, agency, or employment, or under color of his pretended or assumed office, clerkship, agency, or employment, is guilty of extortion, and every person who shall attempt any act which if performed would make him guilty of extortion, shall be fined not more than five hundred dollars, or imprisoned not more than one year, or both. Sec. 85, id., 1104.

1

Though an officer may have full power to enter into a contract, yet the contract may be void for fraud as having been made by the collusion of the officer, and all negotiations and circumstances surrounding the contract, as well as its terms, may be examined to prove fraud. (Hitchcock v. City of Galveston, 3 Woods, 292.) Three persons, one of them the Government agent who had charge of letting the contract, entered into an agreement by which two were to do the work, and each was to have one-third of the profits. Held that such a contract was a fraud on the Government, and that an action founded thereon by one partner against the other could not be maintained. (Bartle v. Coleman, 3 Cranch, C. С., 283.)

*This section is taken from section 5481, Revised Statutes, as amended by act of June 28, 1906 (34 Stat. 546).

1253. Witness accepting bribe. - Whoever, being, or about to be, a witness upon a trial, hearing, or other proceeding, before any court or any officer authorized by the laws of the United States to hear evidence or take testimony, shall receive, or agree or offer to receive, a bribe, upon any agreement or understanding that his testimony shall be influenced thereby, or that he will absent himself from the trial, hearing, or other proceeding, or because of such testimony, or such absence, shall be fined not more than two thousand dollars, or imprisoned not more than two years, or both. Sec. 134, id., 1113.

1254. Officer, etc., accepting bribe. Whoever, being an officer of the United States, or a person acting for or on behalf of the United States, in any official capacity, under or by virtue of the authority of any department or office of the Government thereof; or whoever, being an officer or person acting for or on behalf of either House of Congress, or of any committee of either House, or of both Houses thereof, shall ask, accept, or receive any money, or any contract, promise, undertaking, obligation, gratuity, or security for the payment of money, or for the delivery or conveyance of anything of value, with intent to have his decision or action on any question, matter, cause, or proceeding which may at any time be pending, or which may by law be brought before him in his official capacity, or in his place of trust or profit, influenced thereby, shall be fined not more than three times the amount of money or value of the thing so asked, accepted, or received, and imprisoned not more than three years; and shall, moreover, forfeit his office or place and thereafter be forever disqualified from holding any office of honor, trust, or profit under the Government of the United States.1 Sec. 117, id.,

1109.

1

This section is taken from sections 5500, 5501, and 5502, Revised Statutes, which are repealed.

An agreement to use personal influence with a Government agent in order to procure a Government contract is void. So where plaintiff, being consul general of the Turkish Government, agreed with defendant to use his personal influence with a special agent of the Turkish Goverment to procure contracts between that Government and defendant, and did use such influence with success, it was held that plaintiff could maintain no action for his services in procuring such contracts. (Oscanyan v. Arms Company, 13 Otto, 261.)